Bad weather : When you can claim compensation
Several factors can lead to a delay or cancellation of a flight, including climatic problems, which airlines face regularly.
If bad weather (storm, hurricane, thick fog, strong wind, etc.) has delayed your flight, or canceled it, you should know that according to European Regulation No. 261/2004 relating to the rights of air passengers, Extreme weather conditions are considered “extraordinary circumstances” which relieve airlines of their obligation to pay compensation to passengers, except in certain cases…
Passenger rights in this case :
In 2004, the European Parliament and the Council of the European Union adopted EU Regulation 261/2004, which established common bases for compensation and care of passengers in the event of delayed flights. or canceled, or denied boarding, following unfavorable weather conditions.
Flights affected by this regulation are departing from: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Countries -Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden, Norway, Iceland or Switzerland, whatever the nationality of the air carrier, and whatever the destination of the flight .
As well as other flights, which are operated by a European Union carrier, and destined to an airport located in the European Union, Norway, Iceland or Switzerland.
Cases of bad weather which do not give rise to compensation :
According to the European Regulation, passengers are not entitled to compensation from the airline due to adverse weather conditions that endanger their safety, if one of the following events occurs: adverse weather conditions (like: snow , storm, thunderstorm, freezing rain, fog, wind, etc.), ash cloud (volcano, etc.), natural disaster (flood, earthquake, tsunami, etc.).
Cases of bad weather which give rise to compensation :
Under European Regulation No. 261/2004, passengers can receive up to 600 euros in the event of a delay, cancellation or refusal to board a flight. On the other hand, if inconveniences are caused by unfavorable weather, airlines are not required to compensate their customers. However, there are exceptions to this rule, where the carrier may be held liable for damages caused by cancellations, or delays, such as in the case of a lack of defrosting fluid, which could have been avoided by the latter…
The amount of compensation :
For flights delayed by more than 3 hours, flights canceled due to weather or denied boarding, the European Regulation provides for different amounts of compensation depending on the distance of the flight:
- For flights less than or equal to 1500 km : €250
- Flights between 1500 km and 3500 km, or more than 1500 km if it is a community flight : The value of the compensation is €400.
- Flights over 3500 km: €600
Passenger support :
According to European legislation 261/2004, regardless of whether the passenger’s flight is delayed due to force majeure or not, for any wait at the airport of more than 2 hours, the passenger is entitled to :
- Drink and food
- Two phone calls/emails/fax/telex
- Hotel accommodation in the event that the passenger must spend the night there
- Transportation between the hotel and the airport
After a 5-hour delay, if the passenger cancels their trip, they can have their ticket refunded or even request support for the return flight to their initial point of departure, in the case of a flight with stopover(s). ).
Claim compensation for canceled or delayed flights due to bad weather :
Airlines may refuse payment of compensation to passengers who are victims of a delayed or canceled flight due to bad weather. As a result, several sites of companies specializing in the field offer to check your eligibility for this compensation.
Legal experts make it possible to win cases with these carriers, going to court, if necessary. Their services are free, they take on average 25% of the amount obtained. Once compensation has been paid.